Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Raju   20 September 2018

Can i settle maintainance case with a crime accused father?

Dear experts and fellow members,

My father in 2015 has fraudulently obtained cheque book from Bank (Probably by colluding with the Bank Manager) without my knowledge and later forged my signatures and withdraw an amount of 10 lakhs. Later the Bank complained to Police and registered an FIR with sections 420, 468, 471.

Up on further investigations, the police have added the Bank Manager as A2 (Who was the original complainant) as he abetted the A1 while flouting the Bank rules and Police altered the FIR accordingly.

My father in 2017 filed Crpc 125 maintenance case on me in Family court. The judge last week advised me that irrespective of his criminal case, I have the obligation to maintain him and referred this case to Family Court Mediation centre. I'm inclined to pay the maintaince and settle the case.

My Question:

- If I settle the maintenance case, can my father use this "settlement agreement" in the other case on him (criminal case) to show that there was a collusion on my part to siphon the Bank?

- Can the police use this maintenance agreement to accuse me of collusion?

- Will I lose the ground to file civil suit or consumer case on the Bank for their deficiency in service? As the bank may defend that me and my father are in collusion based on this maintenance agreement

Any advice by the experts is hugely appreciated. Thank you



Learning

 1 Replies

Vinit Nair   21 September 2018

If at all settlement is about to happen, Ask your father to give an supporting affidavit to the settlement agreement, stating that this settlement is only pertaining to the maintenance case, this has nothing to do with the bank fraud case. And in the settlement agreement you may add a clause that as directed by the Hon'ble Court this settlement is taking place.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register